Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This page was reviewed for California personal injury accuracy, legal clarity, and usefulness for people injured in truck accidents in Studio City and nearby San Fernando Valley communities. You can verify Adrianos Facchetti’s license through the California State Bar attorney search.
Injured in a Truck Accident in Studio City?
Truck accidents can be overwhelming, especially when a delivery truck, box truck, semi-truck, or production vehicle causes serious injuries on busy Studio City roads. A Studio City personal injury lawyer who handles truck accident claims can help you understand who may be responsible, what evidence needs to be preserved, and how to deal with trucking insurers after the crash.
These claims are often more complicated than regular car accidents because liability may involve the driver, trucking company, employer, maintenance provider, cargo loader, or parts manufacturer. If you were injured in a truck accident near Ventura Boulevard, Laurel Canyon Boulevard, Cahuenga Boulevard, or the US-101, the Law Offices of Adrianos Facchetti can review what happened and explain your legal options.
Why Truck Accident Claims Are More Complicated
Unlike other accidents, a truck accident claim does not always involve one driver and one insurance policy. In a commercial trucking operation, you will likely encounter an insurance policy that is commercial in nature as compared to an ordinary auto insurance policy.
The driver, the trucking company he works for, a third party involved in maintaining the truck, the company handling the loading of the cargo, and even the parts manufacturer, among others, may all be part of one accident if each of them played a role in causing it. This involves investigation based on evidence that cannot be found in a common car accident.
Most trucks have an electronic data recorder that captures speed and braking actions in the minutes leading to an accident. Driver logs will also contain the driver’s work and rest schedules in adherence to federal safety laws. Evidence regarding the condition of the vehicle will include maintenance reports. Information regarding cargo loading will contain information on the company or individuals responsible for loading the cargo. Evidence such as this is subject to federal and state safety regulations, and much of it can be easily lost without immediate preservation.
Studio City Truck Accident Liability – Who Can Be Liable?
Whether someone is liable or not depends on what caused the collision, and that can only be determined by investigating the incident rather than just making assumptions.
- The truck driver, because he could have been liable due to speeding, being distracted, being tired, doing dangerous lane changes, being intoxicated, or breaking federal safety regulations.
- The trucking company or the employer, because they could have been liable due to negligent hiring, lack of proper training, poor scheduling that forced the driver to drive without a break, or failure to maintain the vehicle.
- The owner of the vehicle, which may be someone else apart from the one running the business.
- The maintenance provider, because the brakes, tires, steering mechanism, or maintenance service itself may have led to the collision.
- The repair shop, in case there was a problem with the previous repair work on the vehicle.
- The cargo loader, in case the cargo was loaded improperly or there was an overload.
- The broker/contractor, in case his involvement with the shipping/dispatch process of the truck was a factor.
- The vehicle manufacturer, in case one of its components was defective and contributed to the collision.
- Another negligent driver, in case there was a third vehicle involved in the incident.
In case the collision involved a passenger car instead of a second truck, you should visit our Studio City car accident attorney page.
Most Common Reasons for Truck Collisions in Studio City
There are some clear trends associated with truck accidents in this particular area in the Valley.
- Distracted driving, often caused by phone usage or other technology inside the cab
- Fatigue among drivers because of long working hours and/or aggressive deadlines
- Speeding, especially on broader roads near the US-101
- Improper lane change maneuvers without proper checking of blind spots
- Tailgating, because of the truck’s much longer stopping time
- Brakes failing due to insufficient maintenance or inspection
- Bursting tires
- Steering system malfunction
- Cargo overload making the truck unstable
- Insecure cargo shifting while the truck is moving
- General poor maintenance
- Pressures on delivery truck drivers to meet strict deadlines
- Aggressive maneuvers in tight turns around business streets and studio entrances
- Traffic congestion of commercial vehicles in the Ventura Boulevard and US-101 area
Possible Evidence to Enhance a Truck Accident Claim
There are many forms of evidence related to truck accidents that have a short period of time for which they may be obtained compared to what most people think. Additionally, the most useful pieces of evidence in such a case belong to the trucking company alone.
- Police report
- Pictures and videos of the crash
- Statements from eyewitnesses
- Data from black boxes or event data recorders
- Driver’s logs
- Hours-of-service logs
- Maintenance records
- Inspection records
- History of repair work
- Loading records of cargo
- Footage from dash cams
- Footage from surveillance cameras from nearby business and apartments
- Records belonging to the trucking company
- Records from employer
- Communication between the insurance company
- Medical records
- Damages to the vehicle
Data from the black box is capable of being overwritten, and the driver’s logs and maintenance records follow their own retention policy. Also, nearby business security video footage can be recorded over after a few days.
Severe Injuries from Commercial Truck Collisions
Considering the disparity in terms of size and weight between a commercial truck and a passenger car, the severity of injuries that result from such collisions is high. Some of these injuries may include traumatic brain injury, spinal injury, and bone fracture. Injury to organs in the body, crushing injury, burns, and even amputation occur in extreme cases. Neck and back injury may occur often, and there are cases where disability results from the injuries.
Compensation That Can Be Recovered after a Trucking Accident
Based on the facts surrounding your case, the following kinds of compensation can be recovered:
- Emergency services
- Hospital charges
- Surgical operations
- Physical therapy
- Future medical treatment
- Loss of wages
- Decreased earning capacity
- Compensatory damages
- Damage to vehicles
- Expenses out-of-pocket incurred due to the accident
- Disability
- Damages arising from wrongful death, if applicable
There’s no standard amount for compensation because there is no standard approach to determining what compensation can be collected in such circumstances. This is entirely based on the degree of injury sustained, available proof, and the coverage available from insurance after liability has been determined. Where your case concerns a death, please visit the Studio City Wrongful Death Lawyer page for more details.
Deadlines in California Personal Injury Cases and Issues with Insurance
In most personal injury cases in California, there is a two-year statute of limitations, as per California Code of Civil Procedure § 335.1. This is the general period that will apply when suing a private party such as the driver, trucking company, or the maintenance contractor involved.
When there is any involvement of a governmental vehicle or public servant in the accident, the filing period might be much shorter than two years, even up to just six months in some cases, as per California Government Code § 911.2.
Truck accident cases are usually complex, in that they normally involve several insurance adjusters from different parties. The trucking companies may even want a recorded statement taken before the individual knows their rights or injuries. Most evidence is lost even before the deadline for filing a case.
How Attorney Adrianos Facchetti Evaluates Trucking Accidents
The evaluation begins with determining the location of the accident and the kind of truck that caused the accident, such as whether it is a delivery van, box truck, semi-truck, moving truck, or a construction vehicle.
Next, we focus on the ownership of the truck or the company operating it and the role of the driver in terms of being under employment during the accident. We determine whether it is the responsibility of the trucking company, any other employer, maintenance provider, cargo loader, or the manufacturer of parts to provide compensation and file preservation request letters early to obtain black box evidence and driver logs while they still exist due to retention schedule.
We evaluate your injuries in terms of how far they have been treated and identify all applicable insurance policies for the involved parties. During the process, we ensure that we identify and protect the right deadline in terms of how long you should sue, and it gets shorter if the trucking company is a government-owned one. Being a Studio City personal injury attorney dealing with different cases of injuries, we use this process when evaluating trucking accidents. When it comes to a crash with a motorcyclist, pedestrian, or cyclist, we use our Studio City motorcycle accident attorney, Studio City pedestrian accident lawyer, and Studio City bicycle accident lawyer services for that purpose.
Speak to a Studio City Truck Accident Attorney
If you have been involved in a truck accident in Studio City, the most crucial pieces of evidence in such cases disappear quickly. Data from black boxes, log sheets from drivers, and vehicle maintenance documents do not hang around, and truck insurance companies usually start their investigation right away.
The Law Offices of Adrianos Facchetti provides you with a free consultation with no cost and no fee until we win money for you. We will not guarantee any outcome to you before examining your case, but we will tell you the truth about it. Contact us through our website to discuss your case.
Studio City Truck Accident Case FAQs
Who Can Be Liable in a Studio City Truck Accident Case?
Liability will vary depending on the cause of the collision. It could be the truck driver, the trucking company, an employer, a maintenance firm, a cargo loader, a part manufacturer, another negligent driver, or someone else who is at fault.
What Do You Do After A Truck Accident?
You need to seek medical attention, report the collision to the authorities to secure an official report, photograph the scene if it is safe to do so, gather witness information, and never give a recorded statement to the trucking insurer without consulting an attorney.
What Are Important Documents Needed in a Truck Accident Claim?
They include black box data, driver logs, maintenance/inspection records, cargo loading records, the police report, dashcam/surveillance video, and medical records. Most of these documents need to be sought quickly before they become unavailable.
What If the Trucking Company Is At Fault For The Collision?
The statement by the trucking company about their liability for the collision will need to be considered carefully and critically because California uses a comparative negligence law that reduces compensation in proportion to the degree of fault of the plaintiff.
How Do Truck Accident Claims Differ From Car Accident Claims?
Truck accident claims usually involve commercial insurance, several potential defendants, federal laws, and certain kinds of evidence, including black box data and driver logs, that simply don’t exist in car accident claims.
How Long Do You Have to File a Truck Accident Claim In California?
The general statute of limitation for filing a civil claim in California is 2 years from the date of the collision for claims against a private individual. But in cases where a government entity is a defendant, the time period is much shorter.
What Is The Average Amount Of Money In A Truck Accident Settlement?
There’s no average settlement, and you shouldn’t take seriously any claims about an average settlement amount. What your case is worth depends on many factors, including the severity of your injuries, your liability, medical evidence, wage loss, and more.
How Much Does It Cost To Hire a Studio City Truck Accident Lawyer?
Our firm takes cases on a contingency basis. That means there’s no upfront payment. You only pay us fees if we win your case.
